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Delaware Eviction Timeline

Step-by-step legal timeline from notice to lockout.

The eviction process in Delaware follows a strict statutory timeline. Landlords must provide proper notice, wait for the notice period to expire, file with the court, and obtain a judgment before a lockout can occur. The timeline below outlines each step in chronological order based on current state law.

Eviction Process Timeline

  1. Notice Period (Nonpayment)

    5 days

  2. Notice Period (Lease Violation)

    7 days

  3. Landlord Can File

    Landlord may file a summary possession action after the notice period expires.

  4. Tenant Answer Deadline

    Tenant appears at the hearing; no advance written answer is required.

  5. Hearing Timeline

    Typically 1–2 weeks after filing in Justice of the Peace Court.

  6. Lockout / Physical Eviction

    Only the sheriff may execute the writ of possession; tenant must leave within 24 hours after notice of writ.

Related Resources

Explore statutes, detailed rules, and calculators for this state.